As we have reported in previous advisories, the Federal Communications Commission (FCC) requires every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and calling card providers) to execute and file an annual officer certification that it is in compliance with the FCC's Customer Proprietary Network Information (CPNI) regulations. The annual certification for calendar year 2010 must be filed with the FCC by March 1, 2011.

Last year, the FCC reminded service providers that failure to comply with its CPNI rules and to file the required annual certification on time could subject violators to penalties of up to $1.5 million. This is no empty threat: the FCC has taken action against thousands of providers, resulting in scores of monetary payments in the past few months alone. The mere failure to file an annual certificate has resulted in penalties of up to $100,000. In addition, AT&T recently agreed to pay $200,000 to settle an FCC action arising from deficiencies in its CPNI “opt-out” mechanisms (i.e, the methods through which customers can inform the service provider that it may not use their subscriber records for marketing purposes). We would be happy to provide details of AT&T’s violations and assist you with a review of your opt-out procedures to assure compliance.

As a refresher, following is a brief overview of key elements of the FCC's CPNI certification requirements. Note that all of this information must pertain to the past calendar year (2010)...